DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2189)

FACADES LNTERNATIONAL (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 6 AUGUST 2020

Application for approval of the Facades International (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Facades International (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement between Facades International (NSW) Pty Ltd and the CFMEU for the years 2019-2022. The application was heard by the Fair Work Commission, an independent statutory body responsible for resolving workplace disputes and making decisions regarding workplace agreements. The primary legal issue for the Commission to determine was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the provision of procedural fairness and the avoidance of prohibited content.

The Commission examined the proposed agreement and its provisions, considering whether it contained any terms that were contrary to the public interest or that failed to provide adequate protections for employees. The Commission also assessed whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions of employment. Furthermore, the Commission considered whether the agreement adequately addressed the interests of both parties, including the right to bargain collectively and the protection of employees' rights.

After thorough consideration, the Commission found that the proposed agreement did not contain any terms that were contrary to the public interest or that failed to provide adequate protections for employees. The Commission determined that the agreement was made in good faith and provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement adequately addressed the interests of both parties, including the right to bargain collectively and the protection of employees' rights. Consequently, the Commission approved the agreement, finding it to be compliant with the relevant statutory requirements.

As a result of the Commission's decision, the Facades International (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022 was approved and will come into effect on the specified date. The agreement will now govern the employment conditions of the relevant employees for the duration of the agreement, subject to any subsequent variations or amendments that may be made in accordance with the Fair Work Act 2009.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established